WHEELER v. HECKLER

Nos. 1044, 1377, Dockets 82-6310, 82-6326 and 82-6328.

719 F.2d 595 (1983)

Elizabeth WHEELER, et al., Plaintiffs-Appellees-Cross-Appellants, v. Margaret M. HECKLER, Secretary of the United States Department of Health and Human Services, et al., Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 11, 1983.

Rehearing Denied December 2, 1983.


Attorney(s) appearing for the Case

Howard S. Scher, Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Robert S. Greenspan, Washington, D.C., and George W.F. Cook, U.S. Atty., Burlington, Vt., on the brief), for defendant-appellant-cross-appellee Heckler.

John P. Wesley, Vermont Legal Aid, Inc., Springfield, Vt., for plaintiffs-appellees-cross-appellants.

Before NEWMAN and PRATT, Circuit Judges, and METZNER, District Judge.


NEWMAN, Circuit Judge:

This is an appeal from the September 14, 1982, judgment of the District Court for the District of Vermont (James S. Holden, then Chief Judge) in a suit challenging the standards used for terminating disability benefits of those previously found to have been entitled to such benefits under the provisions of Vermont law. 547 F.Supp. 599 (D.Vt.1982). The suit was brought as a class action on behalf of Vermont...

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